(1)  As used in this section, “construction agreement” means a construction contract, subcontract, or purchase order for the design, construction, installation, or repair of an improvement to real property between a:

Terms Used In Utah Code 13-8-3

  • Contract: A legal written agreement that becomes binding when signed.
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(a)  construction manager;

(b)  general contractor;

(c)  subcontractor;

(d)  sub-subcontractor;

(e)  supplier; or

(f)  any combination of the persons described under Subsections (1)(a) through (e).

(2)  A provision in a construction agreement requiring a dispute arising under the agreement to be resolved in a forum outside of this state is void and unenforceable as against the public policy of this state if:

(a)  one of the parties to the agreement is domiciled in this state; and

(b)  work to be done and the equipment and materials to be supplied under the agreement involves a construction project in this state.

(3)  This section applies to a construction agreement executed, renewed, or materially modified on or after May 5, 1997.

Enacted by Chapter 60, 1997 General Session